under
Section 313 CrPC, it can safely be concluded that all these Police
Personnel/Officers being a responsible member of a Disciplined Force ... said Act or to invoke the penal provision under Section 373 IPC wherein the
= 30 =
status of the victim girl would be of a mere
different Courts of Judicial Magistrate contemplated
under Section 11 of the Code. In such event every unscrupulous
litigant will be tempted to file the complaint ... contemplated by the Legislature at the time of drafting the Code.
15. The ambit of interoperation has been expressed by Plowden in the
following ways
Penal Code hence, there was no reason
for the Enquiry Officer to hold it otherwise.
The petitioner was a member of a disciplined Force
although it is a charge under Section 354 of the Indian Penal Code, no FIR was
lodged, no investigation made by the local Police ... Border Security Force Act, Section 4 and Section 5 of Criminal
Procedure Code and he further submitted that no steps could be taken
Prevention of
Corruption Act, 1988 and Section 34 of the Indian Penal Code and since he was
placed under suspension ... dismissed from service
under Regulation 26 of the IAAI Employees' (Conduct, Discipline & Appeal)
Regulations [ hereinafter referred to as the Regulations].
By reason
principles underlying or
emerging from Order 47, Rule 1 of the C.P.C .
act as guidelines) are not necessarily the same
on which this ... rule (1) of Rule (1) of Order 47 of the
C.P.C ."
(underlining for emphasis by me)
27. In the present case, leave
with Rule 49 (ii) of Bharat Oversead Bank Ltd.
Officers' Conduct, Discipline and Appeal Rules, 1990. The
said order is at Annexure ... Sections 419 / 420 / 467 / 471 / 477 and 120B of the Indian
Penal Code was initiated but by a Judgment dated
26/4/2010 passed
dealing with a matter relating Order 9 Rule
4
13 of the Code of Civil Procedure applied the ratio of the Apex Court ... venture to upset the decision of the equal strength
but the judicial discipline demands that the matter should be
referred to a larger bench
under
Section 24 C.P.C., this Court has no jurisdiction to decide
the fate of the application under Section 24 C.P.C again ... case, the learned District Judge has rejected the
application under Section 24 C.P.C. The petitioner is
entitled under the law to move
Smt. Rita Das vs Mrs. Jayashri Ghosh & Ors on 14 December, 2011
Author: Harish
